15 Inspiring Facts About Birth Defect Claim You ve Never Seen

How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risks associated with birth. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks compensation for medical expenses of your child education costs, as well as other losses. You must prove that the medical professional involved violated the standard treatment prior to or during the birth or during pregnancy.

Damages

Pregnancy is one of the most exciting and stressful times in a parent's life. Parents want their children to be perfect, and doctors strive to do everything they can to stop birth defects from happening. Medical negligence and inattention can increase the risk for birth defects and injuries. A family that is shocked by this situation should consider taking legal action to remedy a birth defect.

A successful birth defect lawsuit could result in damages for a range of different things. This can include pain and suffering for the victim, loss of consortium and medical expenses, as well as lost earning capacity. The amount of damages an individual victim will be awarded depends on the severity of the child's illness and how much it has affected their standard of living.

Environmental exposures can result in birth defects and birth injuries. Studies have shown that pesticides, such as fungicides and lead as well as paints, heavy metals and heavy metals, may increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies who exposed workers to harmful chemicals as well as pharmaceutical companies that make drugs such as DES that can cause birth deformities in fetuses.

If you suspect that your child's birth defect or birth injury is the result of medical malpractice, you should consult a skilled birth defect lawyer as quickly as possible. In certain states, you only have one year to file a medical negligence lawsuit, and waiting more than that could mean losing the chance to receive the justice you are due for the injury your child sustained.

Statute of Limitations

A statute of limitations is a law that defines the time limit for a person to file a civil lawsuit. If someone misses the deadline, they lose the right to claim damages from the defendant. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the doctor or the hospital that caused a patient's injuries during labor and birth. These cases are sometimes referred to as birthing injury suits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice lawsuit for the death of an infant.

In order to prove medical malpractice, the party who suffered must prove that the doctor responsible did not follow the standard of care or consideration required by a different health healthcare provider in similar situations. This includes failing in diagnosing an illness that is serious like low oxygen levels during childbirth that can cause brain damage and cerebral palsy.

The first step to file a birth defect lawsuit is to contact an experienced attorney. Most attorneys offer free consultations and reviews of cases to prospective clients. If an attorney is convinced that the claim of a client is valid they will look over the medical documents of the client and employ experts to assess the claims. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a birth injury case it is essential to have experts who can explain medical procedures and practices to jurors. However, expert witnesses can be difficult to work with because they must scrutinize huge quantities of information and Birth Defect lawsuits be able to make decisions based on the facts rather than their opinions. Furthermore, they should be willing to testify on things that may contradict their opinions.

In the Daubert case, the plaintiffs' experts suggested that Bendectin caused birth defects in their child. The judge ruled that the evidence was "at the cutting-edge of scientific research, where evidence meets theories and certainty transforms into probabilities." However, he did not believe there was enough evidence that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs that had sued pharmaceutical companies in an attempt to get justice. However, there are many ways that an injured person could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer will assist the victims to determine whether they have a case. A lawyer can help plaintiffs determine if they are qualified to file a lawsuit on their own or a class action. In certain instances a lawyer may start a lawsuit for birth injuries as part of multidistrict lawsuit (MDL). To start, fill out the form on this page to request a an unreserved and confidential consultation with a qualified attorney.

Representation

Although the latest technology and advances in medicine have greatly reduced the risk of complications during childbirth and pregnancy but they aren't completely eliminated. Parents can pursue legal action if a birth defect or birth injury occurs, and the cause could have been prevented.

Medical negligence claims usually stem from a doctor's failure to diagnose or treat a problem. For example, a physician may fail to conduct an ultrasound examination or make mistakes during surgery, resulting in a birth defect such as spina bifida. Other common causes of birth defect lawsuits include inadequate medication for the mother or exposure to chemicals or other environmental dangers while the baby is growing in the womb.

A birth defect can affect any part of a newborn's body, and affect their health, functioning and appearance. In some cases, a birth defect can significantly diminish a baby's lifespan or result in significant medical expenses.

If you suspect that the birth defect or injury was the result of negligence or medical malpractice during labor or pregnancy seek out a qualified birth defect attorney today. A lawyer can explain your options and help file a claim prior to the time limit expiring. A lawyer can also negotiate an agreement with the responsible parties for the injuries suffered by your child.